In Re Timothy D. Stovall Appeal from 284th District Court of Montgomery County (memorandum opinion per curiam)
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-18-00324-CV _________________ IN RE TIMOTHY D. STOVALL ________________________________________________________________________ Original Proceeding 284th District Court of Montgomery County, Texas Trial Cause No. 17-10-12611 ________________________________________________________________________ MEMORANDUM OPINION In this mandamus proceeding, Timothy D. Stovall asks this Court to compel the trial court (1) to vacate a June 26, 2018 order granting Crown Packaging Corporation’s motion to compel arbitration and abating the state court proceeding, and (2) to sign an order denying the motion to compel arbitration. Stovall requests a stay of the trial court’s June 26, 2018 order pending resolution of this mandamus proceeding. See Tex. R. App. P. 52.10(a). To be entitled to mandamus relief, the relator must show that the trial court clearly abused its discretion and that the relator has no adequate remedy by appeal. 1 In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Having reviewed the mandamus petition and record, we conclude that Stovall has not shown that he is entitled to mandamus relief. Accordingly, we deny the motion for temporary relief and the petition for a writ of mandamus. See Tex. R. App. P. 52.8(a). PETITION DENIED. PER CURIAM Submitted on August 29, 2018 Opinion Delivered August 30, 2018 Before McKeithen, C.J., Horton and Johnson, JJ. 2
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